HomeMy WebLinkAboutKIN 93 032 Harbour Mster/Yacht
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1993-32
A BY-LAW TO AUTHORIZE THE SIGNING OF THE HARBOUR MASTER
AGREEMENT WITH THE KINCARDINE YACHT CLUB
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into an agreement with
the Kincardine Yacht Club in order to allow the Club to provide
the Town with Harbour Master Services;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
an agreement with the Kincardine Yacht Club to provide
harbour master services.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Kincardine Yacht Club which is
attached to this by-law and to affix the Town's Corporate
seal as and when required.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Kincardine Yacht Club as
Harbour Master Agreement By-law".
READ a FIRST and SECOND time this 8th day of April, 1993.
READ a THIRD time and FINALLY PASSED this 20th day of May, 1993.
~~
. Mayor
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I
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,
This AGREEMENT made this 20th day of May, 1993.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCA1IDINE
hereinafter called the "Town"
of the First Part,
-and-
KINCARDINE YACHT CLUB
hereinafter called the "Club"
of the Second Part.
WHEREAS the Town has assumed the lease for the lands
located in the Town of Kincardine and more particularly
described in Schedule "A" of Lease No. 8809 00 002 with
the Small Craft Harbours Branch of the Federal Ministry of
Fisheries and Oceans;
AND WHEREAS the Town wishes to appoint a harbour master to
rent out dockage slips along the piers and to collect fees
for same;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of the premises and mutual promises, covenants and
agreements hereinafter contained, the parties hereby agree
as follows:
1. The Club is hereby appointed harbour master for the
Town of Kincardine.
2. It shall be the duty of the Club to rent out dockage
space on the lands to interested boaters as per the
fee schedule established by the Small Craft Harbours
Branch and to collect money for same and submit
monthly to the Town's treasurer in accordance with any
policies established by the treasurer.
3. The Town will pay the Club 40% of all fees collected
for dockage.
4. The Club will submit the monthly reports required by
the Town's treasurer.
5. The Town will be responsible for all maintenance
including the collection and disposal of refuse.
6. . The Town will be responsible for _ the payment of all
utilities, rent and taxes.
7.
The Club
boats and
for same.
is not responsible for winter
accordingly, will not receive
storage of
remuneration
8. The Club shall in all respects abide by and comply
with all rules, regulations and by-laws of the TO~,
the Small Craft Harbours Branch and other govern~ng
bodies, in any manner affecting said premises.
9. The Club shall not interfere with the public use of
the said lands during the currency of this agreement;
it being expressly understood and agreed, however,
that the Club may refuse the use of the said lands to
. any vessel on which tolls or fees are outstanding.
10. The term of this agreement shall commence on the 22nd
day of April 1993 and terminate on the 31st day of
December, 1995. This agreement may be terminated by
either party upon thirty (30) days written notice to
the other.
../2
Kincardine Yacht Club
Harbour Master Agreement
Page 2
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IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and
clerk this 20th day of May , 1993. The Club has
hereunto setthëir hands and seals this 18th day of
May ,1993 .
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN
OF KINCARDINE
~~
or - Charles W. Mann
. Shaw
NCA1IDINE YACHT CLUB
)
)
)
)
)
)
~ Der#.u.);ß{dma:;)·
) Secretary - Rae Woldman
Der(j}£Æ~
Commodore - David Shaw
,
.
This AGREEMENT made this 20th day of May, 1993.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
.
KINCARDINE YACHT CLUB
hereinafter called the "Club"
of the second Part.
WHEREAS the Town has assumed the lease for the lands
located in the Town of Kincardine and more particularly
described in Schedule "An of Lease No. 8809 00 002 with
the Small Craft Harbours Branch of the Federal Ministry of
Fisheries and Oceans;
AND WHEREAS the Town wishes to appoint a harbour master to
rent out dockage slips along the piers and to collect fees
for same;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of the premises and mutual promises, covenants and
agreements hereinafter contained, the parties hereby agree
as follows:
1. The club is hereby appointed harbour master for the
Town of Kincardine.
2. It shall be the duty of the Club to rent out dockage
space on the lands to interested boaters as per the
fee schedule established by the Small Craft Harbours
Branch and to collect money for same and submit
monthly to the Town's treasurer in accordance with any
policies established by the treasurer.
3. The Town will pay the Club 40% of all fees collected
for dockage.
4. The Club will submit the monthly reports required by
the Town's treasurer.
S. The Town will be responsible for all maintenance
including the collection and disposal of refuse.
6. The Town will be responsible for _ the payment of all
utilities, rent and taxes.
7.
The Club
boats and
for same.
is not responsible for winter
accordingly, will not receive
storage of
remuneration
.
8. The Club shall in all respects abide by and comply
with all rules, regulations and by-laws of the Town,
the Small Craft Harbours Branch and other governing
bodies, in any manner affecting said premises.
The Club shall not interfere with the public use of
the said lands during the currency of this agreement;
it being expressly understood and agreed, however,
that the Club may refuse the use of the said lands to
any vessel on which tolls or fees are outstanding.
9.
10. The term of this agreement shall commence on the 22nd
day of April 1993 and terminate on the 31st day of
December, 1995. This agreement may be terminated by
either party upon thirty (30) days written notice to
the oth~r.
../2
.
.
Kincardine Yacht Club
Harbour Master Agreement
Page 2
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and
clerk this 20th· day of May , 1993. The Club has
hereunto setthëir hands and seals this 18th day of
May , 1993 .
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN
OF KINCARDINE
D~~
Máyor - Charles . Mann
. Shaw
)
)
)
) e:
) Co ore - David Shaw
)
)
~ Der42a~j~~
) Secretary - Rae Woldman
This AGREEMENT made this 20th day of May, 1993.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
.
KINCARDINE YACHT CLUB
hereinafter called the "Club"
of the Second Part.
WHEREAS the Town has assumed the lease for the lands
located in the Town of Kincardine and more particularly
described in Schedule "A" of Lease No. 8809 00 002 with
the Small Craft Harbours Branch of the Federal Ministry of
Fisheries and Oceans;
AND WHEREAS the Town wishes to appoint a harbour master to
rent out dockage slips along the piers and to collect fees
for same;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of the premises and mutual promises, covenants and
agreements hereinafter contained, the parties hereby agree
as follows:
1. The Club is hereby appointed harbour master for the
Town of Kincardine.
2. It shall be the duty of the Club to rent out dockage
space on the lands to interested boaters as per the
fee schedule established by the Small Craft Harbours
Branch and to collect money for same and submit
monthly to the Town's treasurer in accordance with any
policies established by the treasurer.
3. The Town will pay the Club 40% of all fees collected
for dockage.
4. The Club will submit the monthly reports required by
the Town's treasurer.
5. The Town will be responsible for all maintenance
including the collection and disposal of refuse.
6. The Town will be responsible for _ the payment of all
utilities, rent and taxes.
7.
The Club
boats and
for same.
is not responsible for winter
accordingly, will not receive
storage of
remuneration
.
8. The Club shall in all respects abide by and comply
with all rules, regulations and by-laws of the TO~,
the Small Craft Harbours Branch and other govern~ng
bodies, in any manner affecting said premises.
The Club shall not interfere with the public use of
the said lands during the currency of this agreement;
it being expressly understood and agreed, however,
that the Club may refuse the use of the said lands to
any vessel on which tolls or fees are outstanding.
9.
10. The term of this agreement shall commence on the 22nd
day of April 1993 and terminate on the 31st day of
December, 1995. This agreement may be terminated by
either party upon thirty (30) days written notice to
the oth~r.
../2
.
.
Kincardine Yacht Club
Harbour Master Agreement
Page 2
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and
clerk this ~ day of Ma~ ,1993. The Club has
hereunto set~ir hands and seals this 18th day of
May ,1993.
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN
OF KINCARDINE
Der~~~
Mayor - Charles W. Mann
R. Shaw
c
R
INCARDINE YACHT CLUB
! De&4i~
) Commodore - David Shaw
)
)
)
)
)
Dert?cuJŒfd~ '
Secretary - Rae Woldman